5.  The applicant was born in 1969 and lives in Budapest.
6.  In July 2000 the applicant and her husband bought a flat which was part of an undivided shared property with one lot register number. Two thirds of the flat were registered in the applicant’s name and the rest in her husband’s name. Upon their subsequent divorce, an agreement was concluded by the applicant and her former husband on the division of the matrimonial property. According to this agreement, the applicant was to acquire the entirety of the property by buying his part of the flat.
7.  In April 2005 the applicant entered into an unregistered partnership with Mr. Gy.B. He paid the former husband’s share of the apartment, and later officially acquired ownership of this part of the flat by virtue of a sales agreement concluded with the former husband on 17 January 2006.
8.  Gy.B. made certain renovations to the property, creating two separate apartments. While the work was being carried out, the applicant moved into Gy.B.’s house with her children. She left him several times, after which she always returned to him.
9.  In March 2006 the applicant moved back into her apartment. Gy.B. had his own keys to the flat and slept there regularly. Later, on an unspecified date, he moved into the apartment to live with the applicant. Upon his request, the Central Document Bureau registered his place of residence at the applicant’s address on 24 November 2006.
10.  Barring some short periods of separation, their relationship lasted until about January 2007. Following this date, however, Gy.B. continued to stay in the jointly owned apartment against the applicant’s wishes.
11.  On 5 April 2007 Gy.B. sold his part of the flat to a third party. However, he later initiated proceedings against the buyer, challenging the validity of the sales agreement. These proceedings are still pending (see paragraph 28 below).
12.  Meanwhile, the relationship between the applicant and Gy.B. deteriorated, resulting in regular disputes involving mutual verbal and physical assaults.
13.  A medical report dated 27 October 2005, the first in the case, notes contusions of the applicant’s left ring-finger, left lower arm and left ankle. On 1 February 2008 the Budapest XX/XXI/XXIII District Court established that these injuries had been the result of assaults initiated by the applicant, to which Gy.B.’s reaction was considered lawful self-defence. It found the applicant guilty of disorderly conduct and released her on parole. This judgment became final in the absence of an appeal.
14.  Between this event and August 2010, twelve more medical reports were delivered, all of which recorded contusions, mostly on the applicant’s head, face, chest and neck, with an expected healing time of eight to ten days.
15.  On 8 December 2006 the applicant filed a criminal complaint against Gy.B. for rape. On 16 April 2008 he was acquitted by the District Court. It found that the applicant’s allegations were not credible and therefore Gy.B.’s guilt could not be established with the required certainty. This judgment became final in the absence of an appeal.
16.  A medical report of 25 June 2007 states that the applicant’s left little finger had been violently broken, with a healing time of six to eight weeks. In connection with this event, criminal proceedings were initiated against both the applicant and Gy.B. On 19 May 2009 the District Court found Gy.B. guilty of assault, and the applicant guilty of grievous bodily harm. Gy.B. was released on parole for one year, the applicant for three years. No appeal was filed against this judgment. According to the findings of fact, Gy.B. had started verbally insulting the applicant and then assaulted her. The police had intervened and called on Gy.B. to cease the assault. However, as soon as the police had left, he had continued beating the applicant. The following day the dispute had continued with mutual insults. Gy.B. had poured water on the applicant, who had picked up a kitchen knife and lightly stabbed it in the air several times in Gy.B.’s direction. In self-defence, Gy.B. had grabbed the blade of the knife. The applicant had nevertheless pulled it out from his hand, cutting his hand and causing him an injury with a healing time of eight to twelve weeks.
17.  On 22 April 2008 the applicant lodged a criminal complaint against Gy.B. for assault before the District Court. On 11 June 2008 the court held a reconciliatory meeting where she further requested the District Court to issue a restraining order against him due to the regular abuse. On 18 December 2008 a hearing was scheduled concerning the request for a restraining order. However, the applicant did not attend due to a public transport strike planned for that day. The first hearing finally took place on 10 April 2009. The following hearing was to be held on 12 October 2009. However, it was postponed upon Gy.B.’s request. On 8 January 2010 the District Court finally delivered a decision concerning the request for a restraining order. In its reasoning, the court stated:
“... There were, or are, five sets of criminal proceedings pending before this court between the accuser and the accused. In the course of the proceedings conducted so far, the court has established that the bad relationship which has developed between the parties can be imputed to both parties. ... The court heard both the accuser and the accused at the preparatory hearing, established that the conditions set down by the law had not been met, and therefore dismissed the accuser’s request. ...”
18.  This decision was upheld on appeal by the Budapest Regional Court on 18 February 2010. According to the court:
“... The reasons for the first-instance court’s decision are correct. Section 138/A(2) clearly defines the conditions where restraint, as a coercive measure, may be ordered. These circumstances were examined one by one and quite thoroughly by the first-instance court, which came to the conclusion that the conditions for a restraining order had not been met. The second-instance court agrees with these reasons and therefore upholds the decision. ...”
The criminal proceedings against Gy.B. for assault are still pending before the first-instance court.
19.  On 11 June 2008 the Budapest XX/XXI/XXXIII District Prosecutor’s Office discontinued the investigations initiated against Gy.B. for harassment. According to the applicant’s criminal complaint, he was jealous and had threatened to kill her and anyone she let into the flat. She also claimed that on several occasions he had tried to suffocate her with a pillow. The Prosecutor’s Office established that there was animosity between the parties and that the applicant’s allegations alone were not sufficient to prove the commission of any crime.
20.  According to the applicant, on 18 December 2009 Gy.B. inflicted contusions on her back, chest and wrist in the course of a fight. On that day, she lodged a criminal complaint against him with the Budapest XX/XXIII District Police Department for insult and assault. Criminal proceedings against an unknown individual were initiated for grievous bodily harm. However, on 14 July 2011 the investigation was discontinued, as a forensic medical report established that the injuries were not serious enough.
21.  On 7 January 2010 the applicant lodged another criminal complaint against Gy.B. for several alleged assaults committed in December 2009 and January 2010. Gy.B.’s psychiatric examination was ordered. Due to his lack of co-operation, the expert could not form an opinion about his mental state. These investigations are pending.
22.  On 12 January 2010 the District Court acquitted Gy.B. of the charges of assault allegedly committed on 3 October 2007, in the absence of sufficient evidence. This judgment was upheld on appeal by the Regional Court on 1 June 2010.
23.  A medical report of 15 April 2010 records that the applicant suffered brain concussion and lost consciousness following physical abuse resulting in injuries with a healing time of ten to twelve days. She was kept in hospital for two days. Following this event, another dispute arose between the cohabitees, leading to assault on 26 April 2010.
24.  On 3 May 2010 the applicant therefore lodged another criminal complaint with the District Police Department against Gy.B., who also lodged a criminal complaint in connection with the same events. The cases were joined. On the same day the applicant also requested the court to issue a restraining order in respect of Gy.B. based on section 138/A of the Code of Criminal Procedure. The request for a restraining order was dismissed on 10 June 2010. According to the reasoning:
“... At the preparatory hearing the court heard both the accused and the accuser and established that the conditions set by law – in particular the phrases “particularly in view of the nature of the criminal act ... and the relationship between the accused and the aggrieved party” [sic] had not been met, therefore the accuser’s request was dismissed.”
25.  The Regional Court upheld the first-instance decision on 16 July 2010. It found:
“... Several criminal proceedings were initiated or are pending against the parties, and the inobservance of cohabitation rules is typical in respect of both parties. No evidence has arisen in the present proceedings that the proceedings would be hampered by [Gy.B.] influencing or intimidating the aggrieved party. The risk of recidivism is supported in respect of both parties by the previous proceedings, but the ordering of a coercive measure only in respect of one party – in the present case against Gy.B. – is not justified due to the involvement of the aggrieved party. ...”
26.  The District Court delivered judgment on 6 July 2011. It found both the applicant and Gy.B. guilty of assault and ordered them to pay a fine. It established that on the first occasion it had been the applicant who had initiated the assault and Gy.B. had acted in legitimate self-defence. On the second occasion, it had been Gy.B. who had initiated the fight and the applicant had acted in legitimate self-defence.
27.  In sum, the applicant requested the help of the authorities on many occasions, lodging criminal complaints for assault and harassment. Gy.B. also lodged several criminal complaints against the applicant.
On four occasions, Gy.B. was acquitted of the charges (see paragraphs 13, 15, 22 and 26 above). On five occasions the applicant did not wish to continue the proceedings or failed to prosecute privately and the court thus discontinued them. Gy.B. was found guilty of assault on two occasions (see paragraphs 16 and 26 above), released on parole and ordered to pay a fine. Two other sets of criminal proceedings for assault are pending against him (see paragraphs 18 and 21 above).
The applicant was also found guilty on several occasions (see paragraphs 13, 16 and 26 above) of disorderly conduct, grievous bodily harm and assault, respectively. Three investigations against her – for grievous bodily harm, harassment and theft – were discontinued. Criminal proceedings for trespass are pending against the applicant (see paragraph 35 below).
28.  On 3 November 2005 Gy.B. initiated civil proceedings before the Regional Court against the applicant, requesting the court to acknowledge the renovation and building he had carried out in the apartment. Upon his request, the proceedings were suspended on two occasions, from January 2006 until June 2006 and from 30 April 2008 until 19 November 2008, pending the outcome of separate proceedings initiated against third parties for the annulment of the sales agreement. The applicant’s appeal against the suspension was dismissed on 19 November 2008.
29.  Meanwhile, on 9 August 2006 the applicant initiated civil proceedings against Gy.B. before the District Court, requesting the court to establish the ownership of the apartment. On 2 March 2007 the proceedings were suspended until the termination of the proceedings mentioned in paragraph 28 above. No appeal was submitted against the suspension.
30.  Upon a criminal complaint lodged by the applicant on 29 November 2006, regulatory offence proceedings were also initiated before the Budapest XX District Mayor’s Office against Gy.B. for trespass. On 2 August 2007 the proceedings were discontinued, as Gy.B. was, at that time, registered as the property’s owner in the land register. The applicant’s complaint against the decision was dismissed on 23 August 2007. The applicant did not seek to prosecute privately.
31.  In March 2007 Gy.B. changed the locks on the apartment but did not provide the applicant with keys. Therefore, the applicant requested the protection of her possession from the Budapest XX District Notary. On 13 August 2007 the Notary found for her and ordered Gy.B. to provide her with keys to the apartment.
32.  On 11 May 2007 the applicant changed the locks on her door in an attempt to prevent Gy.B. from re-entering the apartment. On the same day he arrived with police officers who obliged her to provide access to him, as his registered place of residence was the apartment.
33.  On 19 March 2008 the applicant requested the District Notary to delete her address as the place of residence of Gy.B. and to order him to leave the apartment. However, as it was not the competent authority to do so, the notary dismissed her request without an examination on the merits, on 2 June 2011. Moreover, as Gy.B. was actually living in the apartment, the deletion of her address as his place of residence was not possible. The applicant did not lodge an appeal against that decision.
34.  Further to this, on 9 April 2008 the applicant initiated civil proceedings before the District Court, requesting the court to order Gy.B. to leave the apartment. The proceedings are still pending, the court having suspended them on 5 September 2008 pending the outcome of the property dispute between Gy.B. and the applicant mentioned in paragraph 28 above.
35.  On 2 August 2010 the applicant again changed the locks on the doors in order to prevent Gy.B. entering the apartment. The District Police Department initiated criminal proceedings against her for trespass. The applicant lodged a complaint in this connection, which was dismissed on 6 September 2010.